(영문) 창원지방법원 2020.11.30 2020고단2707

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(영문) 창원지방법원 2020.11.30 2020고단2707

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On November 30, 2018, the Defendant was sentenced to a suspended sentence of two years at the Changwon District Court for a crime of violation of the Road Traffic Act, and such sentence becomes final and conclusive on December 8, 2018, and is currently under the suspended sentence.

1. The defendant is a person who is engaged in driving service under the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the "Motor Vehicle Number B");

On June 6, 2020, the Defendant driven the above vehicle at around 13:50, and came to cross the three-lanes of the road in the direction of D in Kimhae-si.

Since a large number of vehicles go along a six-lane vehicle from each other along the lane, the driver of the motor vehicle has a duty of care to drive the motor vehicle and the driver of the motor vehicle in a case where it is likely to impede the normal passage of other motor vehicles and the driver of the motor vehicle is not allowed to cross the road, and to safely check the surrounding traffic situation.

Nevertheless, the Defendant neglected to do so and neglected to 0.117% of alcohol content, and neglected to drive the victim E (ma, 22 years old) (ma, 22 years old) (i.e., during the course of the above road to F from the direction of the above road while crossing the above road as it was under the influence of 0.117% of alcohol content, and (ii) led the victim to the front part of the Defendant's Hatob, which was proceeding along the above road, and (iii) led the above victim to exceed the floor of the Defendant's Hatob, and (iv) led to the front part of the victim's Hatob car, which was proceeding to F.

Ultimately, the Defendant caused the victim E by negligence in the course of performing the above business so that he was able to receive a large amount of 1,800,000 won in the market price of the victim E-owned and damaged the entire Austria, thereby damaging the car owned by the victim G to cover KRW 685,349 in the repairing cost.

2. The defendant shall make entries in paragraph (1) of this Article.

참조조문

-교통사고처리 특례법

-도로교통법

유사 판례

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